KISHAN GOPAL Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner with the following prayers:-

(2.) Aggrieved by the sanction of prosecution against the petitioner, the petitioner has preferred this writ petition. The only argument raised before this Court is that there was non-application of mind of the concerned competent authority, namely, Chief Executive Officer, Zila Parishad, Hanumangarh, while sanctioning the prosecution and he had inextenso, quoted only the report of the Investigating Officer while sanctioning the said prosecution.

(3.) Mr. C.S. Kotwani, learned counsel for the petitioner pointed out that thrice over the matter was referred back to the Chief Executive Officer by the Investigating Officer that the heading of the order, namely, 'draft' is inadvertently mentioned and the same deserves to be deleted and the second the note appended on the second occasion while sanctioning the prosecution, was also required to be deleted. The said instructions of the Investigating Officer were complied with and the respondent, Chief Executive Officer, Zila Parishad, Hanumangarh, issued the fresh order for sanctioning of the prosecution.